Article 63Requesting the Sale of Unit Ownership
第六十三条(区分所有権等の売渡し請求等)
If a resolution to reconstruct has been adopted, the person who convened the meeting must, without delay, demand in writing that the unit owners who were not in favor of the resolution to reconstruct (including their successors) answer whether or not they will participate in the reconstruction in accordance with the content of the resolution to reconstruct.
Pursuant to the provisions of Ministry of Justice Order and with the consent of the unit owners provided for in the preceding paragraph, in lieu of a demand in writing under the provisions of the preceding paragraph, the person who convened the meeting may use electronic or magnetic means to make a demand that those who were not in favor of the resolution to reconstruct answer whether or not they will participate in the reconstruction in accordance with the content of the resolution to reconstruct. In such a case, the person who convened the meeting is deemed to have made the demand in writing.
A unit owner provided for in paragraph (1) must give their answers within two months from the day on which they received the demand under that paragraph.
A unit owner provided for in paragraph (1) who has failed to give an answer within the period under the preceding paragraph is deemed to have answered that they will not participate in the reconstruction.
After the period under paragraph (3) has expired, each unit owner who was in favor of the resolution to reconstruct or each unit owner who has answered that they will participate in the reconstruction in accordance with the content of the resolution to reconstruct (including the successors of those unit owners), or any person who has been designated as the person who may purchase the unit ownership or the rights to use the grounds with the unanimous consent of the unit owners (hereinafter referred to as the "designated purchaser") may demand that the unit owners who have answered that they will not participate in the reconstruction (including their successors) sell and transfer their unit ownership and the rights to use the grounds at their market value, within two months from the day that the period under paragraph (3) expires. The same applies to the rights to use the grounds that are held by a person who has acquired only the rights to use the grounds from a unit owner who has answered that they will not participate in the reconstruction after the adoption of the resolution to reconstruct (including that person's successor).
If a request under the preceding paragraph has been made, and if a unit owner who has answered that they will not participate in the reconstruction is likely to suffer extreme difficulty in their daily life as a result of vacating the building and there are obvious grounds for finding that the evacuation will not have a significant influence on the implementation of the resolution to reconstruct, the court, at the request of that person, may grant the person a reasonable period to vacate the building, within the scope of one year from the day of the payment or provision of the purchase money.
If demolition work on the building has not commenced within two years after the day a resolution to reconstruct was adopted, within six months from the day of the expiration of that period, a person who has sold their unit ownership or rights to use the grounds pursuant to the provisions of paragraph (5) may demand that the person who holds the unit ownership or the rights to use the grounds at the time in question sell and transfer those rights, by offering the current holder money equivalent to the purchase money paid to them by the purchaser; provided, however, that this does not apply if there are legitimate grounds for not commencing the demolition work on the building.
In the case prescribed in the proviso to the preceding paragraph, the provisions of the main clause of the preceding paragraph apply mutatis mutandis if demolition work on the building has not commenced within six months from the day on which the reasons preventing the commencement of the demolition work have ceased to exist. In such a case, the phrase "within six months from the day of the expiration of that period" in the main clause of the preceding paragraph is deemed to be replaced with "by the time six months have elapsed from the day on which the person who sold the unit ownership or the rights to use the grounds became aware that the reasons preventing the commencement of demolition work on the building have ceased to exist, or two years from the day on which those reasons ceased to exist, whichever comes earlier".
Article 64Agreement on Reconstruction
第六十四条(建替えに関する合意)
Each unit owner who was in favor of the resolution to reconstruct, each unit owner who answered that they will participate in the reconstruction in accordance with the content of the resolution to reconstruct, and each designated purchaser who purchased unit ownership or rights to use the grounds (including the successor of each of those persons) are deemed to have agreed to implement the reconstruction in accordance with the content of the resolution to reconstruct.
Article 64-2Request for Termination of a Lease
第六十四条の二(賃貸借の終了請求)
If a resolution to reconstruct has been adopted, each unit owner who was in favor of the resolution to reconstruct or each unit owner who has answered that they will participate in the reconstruction in accordance with the content of the resolution to reconstruct (including the successors of those unit owners), or any person who has been designated as the person who may request the termination of a lease with the unanimous consent of those unit owners, or the unit owner of an exclusively-owned area that is leased, may request that the lessee of that exclusively-owned area terminate the lease.
If a request under the preceding paragraph has been made, the lease of that exclusively-owned area terminates when six months have elapsed from the day on which the request was made.
If a request under paragraph (1) has been made, the unit owner of that exclusively-owned area must pay the lessee of that exclusively-owned area (including a sublessee; the same applies in paragraph (5)) compensation for the loss that normally arises from the termination of the lease.
A person who has made a request under paragraph (1) (excluding the unit owner of that exclusively-owned area) is jointly and severally liable with the unit owner of that exclusively-owned area to perform the obligation referred to in the preceding paragraph.
Even if the lease of an exclusively-owned area has terminated pursuant to the provisions of paragraph (2), the lessee of that exclusively-owned area may refuse to vacate that exclusively-owned area until they are offered the compensation under the preceding two paragraphs.
Article 64-3Request for Termination of a Loan for Use
第六十四条の三(使用貸借の終了請求)
The provisions of paragraphs (1) and (2) of the preceding Article apply mutatis mutandis to the case where an exclusively-owned area is the subject matter of a loan for use (excluding the case prescribed in Article 598, paragraph (1) or (2) of the Civil Code).
前条第一項及び第二項の規定は、専有部分が使用貸借の目的物とされている場合(民法第五百九十八条第一項又は第二項に規定する場合を除く。)について準用する。
Article 64-4Request for Extinguishment of a Spouse's Right to Reside
第六十四条の四(配偶者居住権の消滅請求)
The provisions of Article 64-2 apply mutatis mutandis to the case where a spouse's right to reside has been established in an exclusively-owned area (excluding the case prescribed in the proviso to Article 1035, paragraph (1) of the Civil Code).
第六十四条の二の規定は、専有部分に配偶者居住権が設定されている場合(民法第千三十五条第一項ただし書に規定する場合を除く。)について準用する。